SUDHIR KUMAR PRAJAPATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mrs. Ankita Pandey, learned counsel for the appellants and learned A.G.A for the State as well as perused the record.

(2.) This criminal appeal under Sec. 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred against the order dtd. 26/7/2024, passed by the learned Special Judge, SC/ST Act, Kushinagar at Padrauna, rejecting the application under Sec. 321 Cr.P.C. (Paper No. 12-Ka) moved by the Public Prosecutor seeking withdrawal of prosecution in Sessions Trial No. 576 of 2020 arising out of Case Crime No. 169 of 2020, under Ss. 420, 406, 504, 506, 188 IPC, Sec. 51(b) Disaster Management Act, and Sec. 3(1)(da) SC/ST Act, P.S.- Seorahi, District- Kushinagar.

(3.) The prosecution case, originating from an application under Sec. 156(3) Cr.P.C., is that the complainant/opposite party No. 2 paid ?80,000/- to appellant No. 1 for arranging a visa and employment in Qatar for her husband. A visa valid up to 23/2/2019 was allegedly handed over on 1/1/2019. The complainant alleges that the visa was not usable and that despite repeated demands, her money was not returned. Panchayat proceedings dtd. 31/1/2019 and an alleged written undertaking by appellant No. 1 to provide a fresh visa were also referred to.